HomeMy WebLinkAboutT-3748 - Agreement/Covenant - 6/20/2006 r
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BY DEPUTY RE+0000ER : -C
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P. M. File No. 8285 Public Works Department C
UGH No. 226 City of Fresno
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SUBDIVISION AGREEMENT
(Tract 3748) InC
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THIS AGREEMENT is made thip �day of NAW—m4�r 1986. by
and between the City of Fresno. a Municipal Corporation. hereinafter
designated and called the••City.• and DIVIDEND DEVELOPMENT CORPORATION. A
California Corporation. 3600 Pruneridge Avenue. Santa Clara. California
9SOS1, hereinafter designated and called the •Subdivider.•
RECITALS
1. The Subdivider has presented to the City a certain final map of
a proposed subdivision of land located within the corporate limits of the
City. and known and described as Tract No. 3748. a copy of which map is
attached to and made a part of this Agreement. and said Subdivider has
requested the City to accept the dedications delineated and shown on said
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map for the use and purposes specified thereon. and to otherwise approve
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said map in order that the same may be recorded. as required by lay.
2. The City requires. as a condition precedent to the acceptance
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and approval of said map. the dedication of such streets. highways and
public places and easements as are delineated and shown on said map. and
deems the same as necessary for the public use. and also requires that
any and all streets delineated and shown on said map shall be improved by
the construction and the installation of the improvements hereinafter
specified.
3. Section 12-1012 of the Municipal Code of the City of Fresno
requires the Subdivider to enter into this Agreement with the City
whereby. Subdivider agrees to do. perform and complete the work and
matters hereinafter in the Agreement mentioned and set forth in detail.
wiL►iin the time hereinafter mentioned. in consideration of the acceptance I
of the offers of dedication by the City of Fresno.
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DEPUTY
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AGREEMENT O
In consideration of the acceptance of the offers of dedication of the 0
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streets, highways. public ways. easements and facilities as shown and C
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delineated on said map. and the approval of said map for filing and
recording as provided and required by law. it is mutually agreed and
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understood by and between the Subdivider and the City. and the Subdivider 0
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and the City do hereby mutually agree as follows:
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4. The Subdivider shall perform the work and improvements
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hereinafter specified on or before October 15. 1987. except the sidewalk O
Iand driveway approach construction and lot corner monumentation which
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shall be completed upon construction of the residential dwellings in m
Tract No. 3748 but no later than October 15. 1988. to the satisfaction of
the Director of Public Works of the City. Issuance of building permits
for any structure within the subdivision shall conform to the
requirements of the Uniform Fire Code. The subdivider's attention is
particularly called to Sections 10.207(a). 10.301(c) and 10.301(d) shown
in Exhibit "A" attached hereto and hereby made a part of this Agreement.
::a occupancy permit shall be issued until an approved "all weather"
street frontage and access is constructed. The issuance of any occupancy
permits by the City for dwellings located within said subdivision shall
not be construed in any manner to consitute an acceptance and approval of
any or all of the streets and improvements in said subdivision. When a
delay occurs due to unforeseen causes beyond the control and without the
fault or negligence of the Developer. the time of completion may be
extended for a period justified by the effect of such delay on the
completion of the work. The Developer shall file a written request for a
time extension with the Director of Public Works prior to the above noted
date. who shall ascertain the facts and determine the extent of
justifiable delays. if any. The Director of Public Works shall give the
Developer written notice of his determination in writing. which shall be
final and conclusive.
S. The work and improvements. more specifically shown on the
attached plans and made a part hereof. shall be done in accordance with
the construction standards contained in the City of Fresno Standard
Specifications adopted March 5. 1970. by Resolution No. 70-36. and as
amended at the sole cost and expense of the Subdivider including all
costs of engineering. inspection and testing as specified in Item 12.
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6. The work and improvements are as follows: 54;13 O
a. Construct all landmarks. monuments and lot corners required n
to locate land divisions shown on the Final Map. O
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"Pursuant to Section 66497 of the State Subdivision Map Act. prior to Z.4
the City's final acceptance of the subdivision and release of -<
securities. the Subdivider shall submit evidence to the City of
Fresno of payment and receipt thereof by the engineer or surveyor for �
the final setting of all monuments required in the subdivision.' Im
b. All utility systems shall be installed underground. �0
Subdivider's attention is directed to the installation of street p
lights in accordance with Resolution No. 68-187 and Resolution f*1
No. 78-S22 or any amendments or modifications which may be adopted by
Council prior to the actual installation of the lights. The N
Subdivider shall construct a complete undergound street light system O
as approved by the Traffic Engineer prior to final acceptance of the
subdivision. Height. type. spacing. etc. . of standards and
luminaires shall be in accordance with Resolution No. 78-S22 or any A
amendments or modifications which may be adopted by Council prior to Cn
the actual installation of the lights and shall be approved by the
City Traffic Engineer.
c. Water main extensions and services shall be provided in
accordance with applicable provisions of Chapter 14. Article 1 of the
Fresno Municipal Code and all applicable charges shall apply.
d. Sanitary sewer extensions and services shall be provided in
accordance with applicable provisions of Chapter 9. Article S of the
Fresno Municipal Code and all applicable charges shall apply.
e. Lot drainage shall be in accordance with Section 13-120.7012
of the Fresno Municipal Code.
f. All "Dead-End" Streets created by this subdivision shall be
barricaded in accordance with City Standards within seven (7) days
from the time said streets are surfaced. or as directed by the
Engineer.
g. Any temporary storm water retention basins constructed or
enlarged to serve this tract shall be fenced in accordance with City
Standards within seven (7) days from the time said basins become
operational. or as directed by the Engineer.
h. The Subdivider is required to provide an alternate source of
power to the required sewer lift station. which shall be either a
portable generator or an electrical service connected to a different
P.C.&E. source than the primary service. The Subdivider has posted
security in the amount of $11.S00.00 to insure this provision.
i. The subdivider is rP;uired to abandon the temporary sewer
lift station when the N. Fowler Avenue Trunk Sewer is constructed.
The abandonment shall include payment of City abandonment permit fees
and compliance with City requirements not limited to but including:
abandon 4" force main. clean-outs manhole. sewer main: remove surface
structures of lift station. remove driveway approach: replace
approach with concrete curb and gutter: removal of sewer pumps. wet
and dry well; backfill and abandon electrical services: abandon water
service.
J. Subdivider has attempted but is unable to acquire and
dedicate to the City all easements required for street purposes
related to this Agreement prior to final map approval. Pursuant to
Section 12-1011(b)(6) of the Fresno Municipal Code. Subdivider
requests that City acquire the necessary easement or dedication
through negotiation or the lawful exercise of City's power of Eminent
Domain. Subdivider agrees to observe all the terms and conditions of
the Addendum to Subdivision Agreement (Right-of-Way Acquisition)
("Addendum") attached to this Agreement and incorporated herein by
this reference. Subdivider shall deposit with the City in cash or
Certificate of Deposit or by Instrument of Credit the sums required
by the Development Department Director pursuant to the Addendum.
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Such sums shall be security to pay the City the initial cost to A
acquire the necessary easement. including but not limited to: just 0
compensation and damages for the interests acquired. City legal and C
non-legal staff time as needed to attempt a negotiated purchase. Z
appraisal fees. court costs and the related expenditures mentioned in -4
the Addendum to acquire the easement through the lawful exercise of _<
the City's power of Eminent Domain. If deposited funds are less than
the actual full cost to acquire all necessary right-of-way, the
Subdivider shall remit to the City such additional sums as may be m
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required from time to time to prosecute the matter to the conclusion.
such further payment to be made within ten (10) days of the sailing
to the Subdivider of a notice requesting such additional cost. If p
deposited sums exceed the actual full cost to acquire the subject f*1
right-of-way. then at the conclusion of acquisition proceedings City N
shall refund the difference as soon as the City determines the amount
of such excess. 0
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k. As a condition of final map approval the developer is
required to install landscaping and an irrigation system in a n
10-footlandscape easement along North Fowler Avenues and drainage f*1
outlots in the subdivision. The developer has executed a covenent
with the City of Fresno guaranteeing maintenance of the required
landscaping until such time as a Maintenance District has been formed
to provide for continued care and maintenance of the required
landscaping. The developer also agrees to sign a petition asking the
Council to include this Tract in the existing District.
1. Perform and construct all work shown on the referenced plans
(10-C-4944 through 10-C-4949; Construction Drawing Work Job
No. 3586-6 "heats; 15-C-5997 through 15-C-6004; Storm Drain Plans
Sheets BO-4-1 through BO-4-4), unless specifically omitted herein.
■. The Subdivider has deposited with the City the sum of One
Hundred Sixteen Thousand. Three Hundred Sixteen Dollars and 31/Cents
($116.316.31) for the following:
(1) Inspection Fees (Sewer and Water
Paid w/EA) $15.254.50
(2) Intersection Signing. 9 @ $90/EA $ 810.00
(3) Traffic Regulatory Signing. 23 @ $60/EA $ 805.00
(4) Street Trees. 129 @ $60/EA $ 7.740.00
(5) Traffic Island Landscaping Fee.
135 LF @ $12.50/LF $ 1.687.50
(6) UGH Traffic Signal Charge.
16.28 Ac @ $370/Ac $ 6.023.60
(7) UGH Major Street Bridge Charge:
(Zone D-1/E-2)
16.28 Ac. @ $125.00/Ac $ 2.035.00
(8) UGH Right-of-Way Reimbursement Charge $ 8.490.63
(9) UGH Right-of-Way Acquisition Charge $14.300.00
(10) Landscape Maintenance District Fee $ 2.260.93
(11) Sanitary Sewer Fees $22.328.60
(a) Oversize Charge
(UGM Reimbursement Area No. 37)
17.38 Ac @ $240/Ac $4.171.20
(b) Lateral Charge
(Fowler) 907.87 LF @
$10.00/LF $9.078.70
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(Belmont) 907.87 LP p O
$10.00/LF $9,078.70 A
(Note: Major facilities O
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Fee is to be paid at time Z
of development. ) —4
Total Sever Charges $22,328.60
(12) Mater Charges $25.980.55 0
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(a) frontage
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907.87 Lf p $3.75/LF $3,404.51 R1
i (b) fire Hydrant Charge N
(Zone District R-1-UGM) O
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555.018 SF p $0.75/100 SF $4.162.64
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(c) Transmission Grid Main m
(UGM Reimbursement Area E)
17.38 Ac p $375/Ac $6.517.50
(d) UGH Well Development
Charge (Supply Well No. 501-S)
17.38 Ac p $680/Ac $11.818.40
(e� Nater Construction Charge
62 Lots p $1.25/Lot $ 77.50
Total Water Charges $25,980.55
(13) Sever Lift Station Charges $ 8.600.00
First Year of Annual i
Maintenance $5.600.00
Pump Replacement $3.000.00
TOTAL FEES AND CHARGES $116,316.31
(14) Fee Deferrals-Present Credits-Future Reimbursements
(a) UGH Fire Station Fee -
Deferred by Covenant
Service Area No. 15
Zone District R-1/UGM
17.36 Ac p 605.00/Ac $10.514.90
(b) UGM Trunk Sever Fee (Interim)
Deferred by Covenant
Service Area - Fowler
16.28 Ac @ 3.800.00/Ac $61.864.00
(c) UGM Neighborhood Park Fee -
Deferred by Covenant
Service Area No. 2
Zone District R-1/UGM
17.38 Ac @ 688.00/Ac $11.957.44
(d) UGM Major Street Charge
Present Credit-Future Reimbursement
Zone D-1/E-2
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16.28 Ac @ 1.270.00/Ac $20,675.60 C
Lose Major Street Credit ($43.564.50) n
Net Charge $ -0- C
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Future Reimbursements shall be made in Z
accordance with Section 11-226(f) of
the Fresno Municipal Code.
(d) Fire Hydrant Reimbursement
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5 P.H. @ 300.00/F.H. $ 1.500.00 p
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Future Reimbursements shall be made in p
accordance with Section 14-107.1 of Rf
the Fresno Municipal Code.
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7. Subdivider has paid to the City of Fresno. in accordance with p
Article 13. Chapter 13 of the Fresno Municipal Code. the required fee to
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defray the costs of constructing planned local drainage facilities for Rf
the removal of surface and storm waters from the subdivision.
e. It is agreed that the City shall inspect all work. All of the
work and improvements and materials shall be done. performed and
installed in strict accordance with the approved construction plans for
said work on !ile in the Office of the City Engineer of the City and the
Standard Specifications of the City. which said plans and specifications
and standards are hereby referred to and adopted and made a part of this
Agreement. In case there are not any standard specifications of the City
for any of said work. it is agreed that the same shall be done and
performed in accordance with the standards and specifications of the
State of California. Division of Highways. All of said work and
improvements and materials shall be done. performed and installed under
the inspection of and to the satisfaction of the City Engineer of the
City.
9. Prior to the approval by the Council of the City of said final
map. the Subdivider shall furnish to the City:
a. Performance security in the sum of Eight Hundred
Twenty-Three Thousand Seven Hundred and 00/100 Dollars ($823.700.00).
which is equal to 100% of the total estimated cost of the work
required. Five percent (5%) of said amount Forty-One Thousand One
Hundred Eighty-Five and 00/100 Dollard (41.185.00) shall be cash or a
Certificate of Deposit. all to be conditioned upon the faithful
performance of this Agreement; and
b. Payment security in the sum of Four Hundred Eleven Thousand
Eight Hundred Fifty and 00/100 Dollars ($411.850.00), which is equal
to 50% of the total estimated cost of the work required to secure
payment to all contractors and subcontractors performing work on said
improvements and all persons furnishing labor. materials or equipment
to the■ for said improvements. Bonds shall be by one or ■ore duly
authorized corporate sureties subject to the approval of the City and
on forms furnished by the City.
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C. Performance security in the sum of Thirteen Thousand Three Z
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Hundred and 00/100 Dollars ($13, 300.00), which is equal to 100% of
the total estiamted cost of work required for abandonment of the C7
temporary lift station when Fowler Trunk line is constructed. One O
Hundred percent (100%) of said amount shall be cash or Certificate of C
Deposit, all to be conditioned upon the faithful performance of this Z
agreement. -4
d. Any and all other improvement security as required by Fresno
Municipal Code. Section 12-1016. A
10. On acceptance of the required work. warranty security shall be O
furnished to or retained by the City, in the amount of Nine Thousand Six
Hundred Eighteen and 50/100 Dollars ($9,618.50). for guarantee and W
warranty of the work for a period of one (1) year following acceptance O
against any defective work or labor done or defective materials
furnished. In accordance with Section 12-1016 of the Fresno Municipal m
Code. said warranty security shall be in the form of cash or a
Certificate of Deposit. The warranty security shall be returned to the
Subdivider, less any amount required to be used for fulfillment of the
warranty one (1) year after final acceptance of the subdivision
improvement.
11. The City shall not be liable to the Subdivider or to any other
person. firm or corporation whatsoever. for any injury or damage that may
result to any person or property by or from any cause whatsoever in. on
or about the subdivision of said land covered by this Agreement, or any
part thereof. The Subdivider hereby releases and agrees to indemnify and
save the City harmless from and against any and all injuries to and
deaths of persons, and all claims, demands. costs, loss. damage and
liability, howsoever same may be caused, resulting directly or indirectly
from the performance of any or all work to be done in and upon the street
rights-of-way in said subdivision and upon the premises adjacent thereto
pursuant to this Agreement, and also from all injuries to and deaths of
persons, and all claims, demands, costs. loss. damage and liability.
howsoever same may be caused, either directly or indirectly made or
suffered by the Subdivider. the Subdivider-9 agents, employees and
subcontractors, while engaged in the performance of said work. The
Subdivider further agrees that the use for any purpose and by any person
of any and all of the streets and improvements hereinbefore specified,
shall be at the sole and exclusive risk of the Subdivider at all times
prior to final acceptance by the City of the completed street and other
improvements thereon and therein.
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12. The Subdivider shall remedy any defective work or labor or any O
defective materials and pay for any damage to other work resulting p
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therefrom which shall occur within a period of one (1) year from the date 2
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of acceptance of the work.
13. No occupancy permit shall be issued until an approved "all
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weather" street frontage and access is constructed. The issuance of any O
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occupancy permits by the City for dwellings located within said 0
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` subdivision shall not be construed in any manner to constitute an
f acceptance and approval of any or all of the streets and improvements in O
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said subdivision. T
14. The Subdivider and his subcontractors shall pay for any
materials, provisions. and other supplies used in, upon, for, or about
the performance of the work contracted to be done, and for any work or
labor thereon of any kind, and for amounts due under the Unemployment
Insurance Act of the State of California, with respect to such work or
labor, and shall fi; ! with the City pursuant to Section 3800 of the Labor
Code, a Certificate of Workers' Compensation and shall maintain a valid
aolicy of Workers' Compensation Insurance for the duration of the period
of :onstruction.
15. Initial compaction and soil tests for street. sewer. and other
work within the public right-of-way shall be ordered by and paid for by
the City of Fresno. Sewer and utility trench tests shall be taken in
varying locations and depths as required by the Engineer. Compaction
tests failing to meet the City's requirements, shall be reordered by the
City of Fresno from the same testing laboratory. Billing for the
required retests shall be made directly to the Subdivider or his agent
for payment. Compaction test for water facilities installed by the City
of Fresno shall be paid for by the City of Fresno.
16. The Subdivider shall comply with Street, Plumbing. Building.
Electrical. Zoning Codes and any other codes of the City.
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17. It shall be the responsibility of the Subdivider to coordinate O
all work done by hie contractors and subcontractors. such as scheduling n
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the sequence of operations and the determination of liability if one z
operation delays another. In no case shall representatives of the City -C
of Fresno be placed in the position of making decisions that are the
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responsibility of the Subdivider. It shall further be the responsibility p
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of the Subdivider to give the Engineer written notice not less than two 0
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(2) working days in advance of the actual date on which work is to be
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started. Failure on the part of the Subdivider to notify the Engineer p
may cause delay for which the Subdivider shall be solely responsible. �1
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18. Whenever the Subdivider varies the period during which work is M
carried on each day. he shall ,live due notice to the Engineer so that
proper inspection may be provided. If Subdivider fails to duly notify
City as herein required. any work done in the absence of the Engineer
will be subject to rejection. The inspection of the work shall not
relieve the Subd. ,ider of any of his obligations to fulfill the ]agreement
as prescribed. Detective work shall be made good. and unsuitable
materials may be rejected. notwithstanding the fact that such defective
+ork and unsuitable materials have been previously overlooked by the
Engineer or Inspector and accepted.
19. Any damage to the sewer system, concrete work or street paving
that occurs after installation shall be made good to the satisfaction of
the City Engineer by the Subdivider before release of bond. or final
acceptance of completed work.
20. Adequate dust control shall be maintained by the Subdivider on
all streets within and without the subdivision on which work is required
to be done under this Agreement from the time work is first commenced in
the subdivision until the paving of the streets is completed. "Adequate
dust control" as used herein shall mean the sprinkling of the streets
with water or the laying of a dust coat of oil thereon with sufficient
frequency to prevent the scattering of dust by wind or the activity of
vehicles and equipment onto any street area or private property adjacent
to the subdivision. Whenever in the opinion of the City Engineer
adequate dust control is not being maintained on any street or streets as
required by this paragraph. the City Engineer shall give notica to the
Subdivider to comply with the provisions of this paragraph forthwith.
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Such notice may be personally served upon the Subdivider or. if the O
Subdivider is not an individual. upon any person who has signed this 0
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Agreement on behalf of the Subdivider or. at the election of the City C
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Engineer. such notice may be mailed to the Subdivider at his address on
file with the City Engineer. If. within twenty-four (24) hours after
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such personal service of such notice or within forty-eight (48) hours !'7
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after the mailing thereof as herein provided. the Subdivider shall not p
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have commenced to maintain adequate dust control or shall at any time
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thereafter fail to maintain adequate dust control. the City Engineer may. O
without further notice of any kind. cause any such street or streets to If
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be sprinkled or oiled. as he may deem advisable to eliminate the rn
scattering of dust. by equipment and personnel of City or by contract as
the City Engineer shall determine. and the Subdivider agrees to pay to
City forthwith, upon receipt of billing therefor. the entire cost to City
of such sprinkling or oiling. When the surfacing on any existing street
is disturbed. t'lis surfacing shall be replaced with temporary or
permanent surfacing within fourteen (14) calendar days. and the roadway
shall be maintained in a safe and passable condition at all times between
the commencement and final completion. and adequate dust control shall be
maintained during these operations.
21. The Subdivider shall install all street improvements in
accordance with Section 12-1012 of the Municipal Code of the City of
Fresno. the City of Fresno Standard Specifications. and the construction
plans.
22. Concrete curbs and gutters, the sanitary sewer system and house
connections. together with water mains. gas mains. and their respective
service connections. shall be completed in the streets and alleys before
starting the street and alley surfacing.
23. Time is of the essence of this Agreement. and the same shall
bind and .inure to the benefit of the parties hereto. their successors and
assigns.
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24. No assignment of this Agreement or of any duty or obligation of
performance hereunder shall be made in whole or in part by the Subdivider
without the written consent of City: t
The parties have executed this Agreement on the day and year first
above written.
CITY OF FRESNO. SUBDIVIDER
a Municipal Corporation
JAMES L. MARTIN DIVIDEND DEVELOPMENT CORPORATION
PUBLIC 911;ECTOR A Calif is Corporation
J rey . McClu . Vice Pre dent
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ATTEST:IV
JACQUELINE L. KYLE
City Clerk
By LC tj-, Lut�(�2
Deputy
APPROVED AS TO FORM:
JAMES A. McKELVEY
City Attorney
by (Attach Notary Acknowledgment)
MIM:d
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STATE OF CALIFORNIA ) O
:,Ct'\:Y OF FRESNO
ore meef
On this 13th day of November in the year 1986 before N
Elvia Sommerville personally appeared James L. Martin O
7ersonally known to me (or proved to me on the basis of satisfactory evidence)
to be the person who executed this instrument as Public Works Director !7
of the City of Fresno and acknowledged to me that the City of
Fresno executed it.
JACQUELINE L. RYLE, CMC
City Clerk
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By_ c�._4, a �t��t,l,' tC-u k:k Z_
Deputy i v
STATE OF CAJAFORNI -'' /1_ /
�Oij��" day of LJC�C in the year
1 COUNTY OF _
1 -ta , before me
dul .a Notary Public,S to o alifornl�
9910 and sworn,personally appeared
SHEILA KOUMELIS �reO�ly known to (or proved to me on the basis of satisfactory
WTD,KMLC-CAI�aRN1A evidenced to be the person whose name
SANTA CtAPA COLWTy subscribed to the within instrument, and acknowledged to me
rr f—mm Eyw A)rll t1.tM that he executed the same.
IN WITNESS WHE F have here nto t y nd and affixed
my �cial I in th County of
on the d set forth above
in this certificate.
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""" "w�•• NotaryPubli ,Ptate pfCalifornia
My commission expires 9Q
Cwderye Farm No 32—Ackrovledgement to Notary Public-Indmdual■(cc.sec.1189.r
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ADDENDUM TO SUBDIVISION AGREEMENT Z
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(RIGHT-OF-WAY ACQUISTION) 'ti1i13(,Z'!0, —1
WHEREAS Subdivider is unable to acquire and dedicate to
the City all easements and rights-of-way required for street rn
purposes related to this agreement prior to final map approval: n
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WHEREAS Subdivider desires that acquisition of the
required right-of-ways be diligently pursued: rr1
WHEREAS Subdivider has notified the Development Department N
Director of his inability to acquire the necessary easements O
and rights-of-way. and has requested that City commence such .n
proceedings as are necessary and proper to acquire said
easements and rights-of-way through negotiation and/or the n
lawful exercise of its power of eminent domain: and RI
WHEREAS the City hereby agrees to use said power of
eminent domain at- the specific request and instance of the
Subdivider:
NOW THEREFORE IT IS AGREED between Subdivider and City as
follows:
1. Subdivider shall deposit. upon execution of this
agreement. the suss set out in paragraphs 2 and 12. below.
Such sums shall be utilized by the City to acquire the
necessary easement and rights-of-way. including but not limited
to: just compensation and damages for the interests acquired.
City legal and non-legal staff time as needed to attempt a
negotiated purchase. appraisal fees. court costs and the related
expenditures necessary to acquire the easement right-of-way
through the lawful exercise of the City's power of Eminent
Domain. If deposited funds are less than the actual full cost
to acquire all necessary rights-of-way. the Subdivider shall
remit to the City such additional sums as may be required from
time to time to prosecute the matter to conclusion. such
further payments to be made within ten (10) days of the mailing
to the Subdivider of a notice requesting such additional
costs. If deposited sums exceed the actual full cost to
acquire the subject rights-of-way, then at the conclusion of
acquisition proceedings City shall refund the difference as
soon as the City determines the amount of such excess.
2. Said initial deposit shall include funds necessary for
the items specified in Paragraph 15. captioned "Summary of
Initial Deposit.•
3. Subdivider chall have the option of providing
appraisal and title reports in lieu of deposit of appraisal and
title report fees. providing said reports are issued within six
months of the anticipated Resolution Of Necessity authorizing
the condemnation proceedings.
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4. Subdivider shall have the further option of engaging C
his own attorney to negotiate and/or prosecute a condemnation Z
action for the required easement acquisition. Upon
Subdivider's election, no later than twenty (20) days after the
Council of the City of Fresno approves this agreement. of a
reputable and qualified attorney of his choice, subject to r m
approval of the City Attorney. City shall appoint said attorney 1 n
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as a special deputy city attorney, provided said attorney � O
executes an agreement with City for that purpose. Said special
attorney must, within thirty (30) days of his appointment, file
an action in eminent domain. and shall apply for an order for i rn
immediate possession of the subject property. As soon as is N
legally possible after commencing said proceedings in eminent
domain and applying for said order, said special attorney shall O
obtain an order for immediate possession pursuant to Section '+1
1255.410 et :eq. of the Code of Civil Procedure. Said special
attorney may draw upon the funds deposited hereunder for n
attorney's fees and costs by submitting to the City Attorney rn
for his review and approval an itemized written request
therefor endorsed by Subdivider.
S. Subdivider acknowledges that these cash deposits are
estimates only and will increase as the litigation proceeds.
Subdivider agrees to pay all proper and necessary charges
incurred or paid by City in pursuing the condemnation
proceedings to a settlement or final judgment. City incurs no
liability for its failure to properly estimate the actual costs
incurred in the :ondemnation action.
6. Following Subdivider's initial deposit, City may give
notice to Subdivider that said Subdivider shall deposit such
additional sums as City deems necessary to continue or cause
the continuation of prosecution of the proceedings. Subdivider
shall pay all such sums within ten (10) days of the mailing of
said notice. The notice shall state what costs have been
incurred to date, what additional costs are anticipated; and
how City intends to apply these additional deposits to, for
example, such items as additional compensation, damages, court
costs, expert witness fees. City Attorney staff time. City
Attorney support staff time, deposition costs, right-of-way
staff time, copying costs. mailing costs, process server fees,
right-of-way staff fees and costs, property owners' litigation
expenses, costs and attorney's fees (when required by law) and
such other and further litigation and administrative costs as
City shall deem necessary to pursue the condemnation action to
final judgment. Subdivider's dissatisfaction with the adequacy
or sufficiency of said notice for any reason shall not excuse
Subdivider from any duty or obligation, including the
4 obligation to deposit additional sums. Prior to the date of
any settlement conference set by the superior court in the
eminent domain proceedings. Subdivider shall be given notice
and an opportunity to participate in any decision to settle the
acquisition proceedings if the proposed compensation exceeds
the opinion of value established by the City's appraisal or the
property owner's appraisal. However, such participation shall
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be limited to advising City staff where the giving of such C
advice does not interfere with, restrict, delay or impede the =
City Attorney in the prosecution or compromise of the
condemnation proceedings, as he deems necessary and appropriate
in the exercise of his sole professional judgment and
discretion, R1
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7. If Subdivider fails to pay the sums stated in the O
notice to deposit by the date prescribed, the City shall have f
the following remedies in addition to any other remedies C
available to it under law or in equity:
a. Subdivider shall have waived and in such event does '�
hereby waive all his development entitlements to T O
build the subject project, and City may summarily
revoke any and all permits issued to build such n
project. M
b. City may, in its so:e discretion, elect to terminate
any acquisition proceedings commenced pursuant to
this agreement. If City so elects. Subdivider shall
indemnify and hold City harmless from any and all
costs, fees, damages and expenses incurred as a
result of said proceedings and the termination and
abandonment thereof.
C. in thF alternative. City may, in its sole discretion,
allow the project to proceed and treat all costs
incurred pursuant to this agreement as a debt due and
owing to the City. In this event, the sums so
demanded in the notice to deposit shall be presumed
to be proper, necessary and correct for continued
proceedings to acquire the easements. Upon the
failure of Subdivider to make timely and full
deposit, as required by the notice. City shall
collect interest on the amount demanded, to the
extent said amounts reflect costs actually incurred,
and upon any amounts thereafter incurred, at the rate
of ten (10) percent per annum until paid. In any
action brought by the City as the result of
Subdivider's failure to timely and fully deposit the
amounts demanded, City may recover its reasonable
attorney's fees and litigation costs.
d. Compliance with the terms and conditions of this
agreement is a condition of approval of any and all
UGH, tract map and subdivision map projects which are
the subject of the principal agreement to which this
ancillary agreement is a part.
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e. City shall have a lien upon any and all performance.
payment and other bonds or deposits posted by or for
Subdivider in conjunction with said development as
security for the payment of any costs. charges or a
fees called for by this agreement.
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f. Upon recordation of the Subdivision Agreement to f a
which this Addendum is incorporated by reference. C
City shall have a lien upon the lands described in 'l f+
paragraph 1 of said Subdivision Agreement as security
for the payment of any costs. charges or fees called
for by this agreement. C
6. At the conclusion of any condemnation proceedings.
City shall provide to Subdivider a final statement of the F
expenditures of the City relating to the subject acquisition. R
Failure of the City to provide any accounting required by this
agreement. however. shall not excuse Subdivider's duty to
perform any act. particularly the duty to make full and timely
deposits in accordance with any demands and notices by the
City. Upon rendering of the final accounting referenced
herein. Subdivider may queston or challenge any use of funds
set forth in such accounting and may appeal same to the City
Council.
9. Any amounts deposited by Subdivider shall be
maintained by City in an interest-bearing account of the City's
choice. and may be co-mingled with other City funds in such
account. Interest accruing upon any such deposit shall inure
to and be credited for the benefit of Subdivider. less the
City's reasonable or actual costs of administering said account
and less any other charges which may be required or authorized
by law. The parties agree that five (5) per cent of the
amount(s) deposited is the reasonable cost of administering
said account.
10. Time is of the essence to this agreement since the
City may suffer certain consequences in the event of
Subdivider's breach. such as inverse condemnation liability.
Abandonment (by operation of law) of the condemnation action.
an award to the property owner of his litigation expenses and
reasonable attorney's fees and those sanctions imposed by the
Permit Streamlining Act (Government Code sections 65920. et
11. No partial invalidity of this agreement shall
invalidate the remainder.
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12. Summary of Initial Deposit. Z
Amount Deposited: Item: A
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i 54.00 Appraisal (Garabedian) . Z
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i 8.007.00 Appraisal (Eubanks) $2.707.00 . $5.303 f M
(Sewer) . f Z
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$-0- •Initial Appraisal fees. " O
$ 2.000.00 Right-of-way staff time. f
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$ 200.00 *Costs of acquiring title report(s). m
$ 1.500.00 Attorney's fees and costs (assuming a
negotiated settlement after filing of
complaint in eminent domain) .
$ 1.200 00 P. I.D. Easement and Pipeline.
$12.961.00 Subtotal
$ 1.339.00 Contingency ten percent of subtotal
$14.300.00 TOTAL
NOTES:
*An "E" in the "Amount Deposited" column indicates that
Subdivider has elected the option(s) available in paragraph 3
of this Addendum.
**Enter "0" in the "Amount Deposited" column if there are no
other costs.
NIM:mv
7216g/160
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RECORDERS MEMO L.9fthty
of writing. Typing or Panting f7
UNSAT:SFACTORy in Poniorq O
of this dOCUM*nt wrye.recon d
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1912CCITION t7::+ +0:C; Z
—1
Division II
GENERAL PROVISIONS
TamDering with Fire Equipment R1
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Sec 10.:01.%o person shall molrsi.tamper w nh.damace or clher•i%e dnrurh O
in%arraratus.equipment or appurtenance bclnmrinr to or under the supra neon
and control of t`e life department without autriont7 from the chief or his 0
authonred rtrre%enuth%e to do so. m
Tampering with Fire Hydrant or Fire Appflance
Set,10.:0:.No pcnon shall remove,umper w oh of othtrwite dnturh anv fire N
h%diart Or Ice arrtiarce required to h installed or maintained under the prove•
aon%Of this use except lot the purpose of extinruishinc fire,trarmne purposes. O
recharerne.or ma►me necessary repairs.or when permtned by the fire Ceput•
ment %%Ie'-ser a fire appliance is remo%ed as herein permitted. it shall tic
replaced or re!r.%talied as soon as the rurrou for which it was remosed has been
a:cump;i%h:J. m
Mydront Use Approval
SK. 10_03. No ;anon shall use or operate any h%dnnt or other vales
ir.su::ed on ar.% w-jeer%%urm intended for uta b%the chief for fire%urrfes%ion
r-",%c%a.-J,,r.;h i%a:cr%%ible to anv public hirhway.aIle%or rn%ate w-3%open
to er eerefa5s u%CJ..%Vet public.units%such person first secures a permit for use
!rim the c.."..ct TTi%%cct:on does ON apply to the use of a h%dram cr ether%al%r%
b%a renin c rrcited b%and atnanted to make si;ch use os V;e xn:r L
w r."h wr^..n weer to such R%drants or Omer%-jI%c%
Tampering with Barricades,etc.
Sec. IO.:M.So per.on,except a person suthonrcd b% the cr::f of a pubic
eC.;cf a;rrc%,thin the scope of his public duties,snail remo%e.unlock,de%trov.
ta.:.rar%:tri er Overwnt molest in anv manner an%lock,eau.lair,bamcade.
chi:n.erc.mure.sic-n.ue or seal which has been lawfull% imu:IcJ b%tree fire
department or by ns order or under its conaol.
Closure of Roads or Trails
4c.10.:05.la1 General.The chief may install one or more rates,cables or
cw^.er bamrode%and securely lock the same to present the use b% unautnonreJ
,mons of any road that is ba a public hfenwvv and over which the fire
C:rartment has Vee ncht to pass, whether by eabement, license, muruc:ral
owncnhip or o•.Mrwiw, for purposes felaiine to fire prevention or conuol.
pro%ided wcb action does not preclude Use authonzed users of such road or uasl
from usine tree same.
t2+1 Tmpautn¢.No person,except a public officer actint within the scope of
hs public Cuucs.snail trespass upon any road or trail wnich has been closed and
ebstru:ted in me manner authorized by this section without enc express prtmis•
iron of the c^iii. nor snail anv person park in% %chicle so a%w obstruct enc
enLr=.t to such road Of nail.
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10_(v`110 UruFORsa FIRE CCX
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Obstruction Of Fire Protection Equipment 0
4c. 10.:06.No renun shall plat or keep any p,1%t,fence.%chicle.Froth.
oath.%tonic or"her maicnal or thing near any fire hvarant.fire dcparim.cm 0
cunnecnon or fire rnnecuon %y%tem control valve that Mould prevent %u;h m
cquirmem or hydrant from being immediately di%ccmibir or to anv other marmer
deter or hinter the fire department from rainint hmmcwile accts to "id (A
equ,rrment or h%dram A minimum 3-foot clear space shall be maintained arour.J
Ne circumtertnce of the fire hvdnnts eecepi a%othem rte required or a;proved by
the chief
Access Roadways for Flre Apparatus
Sec. 10.:07.(a)Requtrtd Coostructhon. E%cry building hereafter con- R7
s rutted shall be accciuble to fire department appararus by 1.av of access mad- f71
1.a%%%.ith all—Lather dnvinr surface of not levy than 20 feet of unob%m-:ed
1 J:h.1 11'aJet:uate madl av fuming radius capable of suprornnr the imro%ed
loaf\of fire arraram%and ha%tnt a minimum of 11 Ieet a i,ctc,of ver.::al
c.;uan:e lkadend fire depanmertaccc%%maJ%inc\cc%%ol I'�)feetInn.sra.1
Y r•,.udal 1.1;h arpm%cJ rro%taunt for the lurr.t.n.;arvr.,e`!,7c dcp_,.ccr.t
a;^aratus
E\CE.MOS:W'en L"m as nn moa tr:u.t. Gro,,p R.A,%t%,on i c•%t
0,,a.•1r,1\J%Crli^.1d,nc..e Buy:a,rcocc.the F,Y':ire r, M!0Lei\Wo-J,
•hcn.In the minion of L'c cn:ef.I:R.t.[r.tinc rr R%:ue Jpr fJ:iOr,\�a..a
r be,mPured
ib) Obstructin¢. T2e rreuted Midfh of access roaduasy %hall not be
rw�;;tcJ to any manner.m:lultne raltr.t of%etnc!c% NO F-NRKI\G%.:n%er
otner arCmrnate notlCe,or be:JLptvn:Dmnr co%tn;ction%may tc rrCUCCJ ar.1
shall be mamtainecl.
Icl Edent.The access roadl.av%full be eaend:J to within M tett of it
portionscif theettenor M211%01 the ftnt stop of any buhldme 0.here tr.-ice%%
madl.av canna tY rmvtded,arrm%ed fire rrotecthon%%%tem or%%stems%nal,be
provdcd as necutrea and arpro%cJ b.%tic enter
ldi hire-protection Alternate.Where fire.rrotecuon%%a;;m%arrro%r,l b%t:-.c
cn:1—rm%,deJ,we avoir required clearance ma%m m.wtieJ
lei lNentrnnc.TTa chief%hall have the authonr%to reeuirt an hrcrea.c ir.e:.:
f^.•n:m•:r•1 access ,.i,=% %there seen MIJtn 1%not ad[y`u,:: lot lue o: rescue
r;tcr_::ons.
hf,[Ind.-m.Wrote a bnJec I%RYulred to be u%ed as acct%%unJQr tni%%ect;on.
ii K cur%'.rUCt:J and mL nulr;d In accoraan,c 1•tth Cie a,pticar.e wc;:on%
of Ce hnuCinv Ca:;anJ utme dM9n iot ioadm_c%ulf itient to earn tr.e:^rot:J
;daJ%JI ILC tL:a,^ara;us.
Premises laentltiWtlon
%ec. MUS.Arpm%cd numben or addre%ses%ha;!be r!a:ed on.0 ret anJ
ci:v.n;nur!Jmr%it,such a pA)%nion a%to oe piami%%boric ar.d iccibi-iron%:e
s� e� or roJJ frcriure me pn;vri�. Said numrlcn %rias c;nuayf >a:.'I trat
bac►c•ouoJ
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197:1 rnnon 10:c1.11
Key Dox rn
%1,111.2114,\\hen.I,:r%%h,t,t.,thin J%Iru,tUrC of an:Irc'J I%tin,:-I1 n
h'c•w%e III%c%urcd nR•mnC%of %%Ocre tntnredufe J%ce•%%t%nece%•..If% 1•r bh. + 0
%a%un'or I Irc I IC ntinr rur,, c%,the c h.cl me,retluuc J Acv Mn to be m%1 L';,1 In
an J,ce%%Ihle lo%juon the Ac%M%%hill be a t%re arrro%cd b%the ch.,l Jrd%'as
:ont tin Ac%%nt cam nor%%an J:ee%%Js rcgmfCJ h%M chief
Division III N
INSTALLATION AND MAINTENANCE OF FIRE-
PROTECTION.LIFE-SAFETY SYSTEMS AND In
APPLIANCES n
Inslallallon rn
Site 10.!111,tJ,T%pr Itrquired.The ehfef%hJ!I de%I^nate the I%re and nim!%cr
M lire arrlun;c%•o be In%uaeJ and mamlJlncJ In anJ uron a!I bu0J;r._%arJ
r!cmr%t% In !hc "_•t•J',ur•n o:h.f thin ^n%Jtc d,%c!hn_% Thr% %hill re L!r:
i,wro,n.-t.,1':r;'.:I%e %c%cnt% Id rr,^ah!e f'c. In;!uJln-!':r.1rI.:I:% t%I'n
,.nl,h It r,.1%%rrc_J S.;;h Jr^nar:e%%ha:!R rt a t%r:rJl:.tb:c for t. r•raatie
;f I,,Int f,!c.1%%t•,IJ'':J.,!h%'J;hn::i,I.:r:or rrcml%.,'%.•.r.J%n J.!h,I%c Jr:'ro%JI('I
Ir t h'c'I
R•nm!c fire eulr:til%hr.%%..::I R•Ina;o:Jar:c-tin L' FC S:Jr•'.a;J No
In !
Ib1 Spccual llatard%. In r::urarc:cs of an c'rccla!I% runrJou%nature or i
n]rard%cxtet In aJJI!:rn b,Ih•r"rural haJJN t,t Vc ItCc ora rc%.rr i
%,here accc%%for we.r,rara!u%Is ur,:ul%ala l;c.t.aJmtiunJl salccuJra%ma%tic j
rc Cubed con%ntme of JJJrth>nJl fire art:lar.;c unit%, more man one t%;r of ;
arr,lance,or%haul%%,Icm%%uuar:e for me rro:ccuon of the hazard m%oncd.
Sucn dc%Iccs or arrtlances m]%coni of automatic Irte alarm%%%tcm%.alatontal• 1
+c%rnru!er or wJ:cr srrav%%%tem%.%tandrlre and hose.fixed of porub1c fire
[xnnctioncfs.%UII]r!c a%r1c%n,%rIJn1.Ct%,btcatnlne arraratu%,mznuai or auto•
marc co%en. carton .;:ox+ac. n%am, haloccoatec Jnd Jit curial of rtes j
%reclJl we c%nr_tu%r.in_%%%:em% %%here%ucn%%%tem%are m%tallaJ.:%'%%nJ,l
Ise in a:cosaar.ce w un:n_arrn:aa:c L mtorm F:rc Codc atandatav'rsunaa:C%cf
tr.c National Fuc 1'rrt_ctwn Aswcunon uncn Ln.iorm Fire Co,:c Jo
I
not
• Icl\Naar>uppl%.An arrro%eJ water%urpi% c.lrable of sups:%tit!reawred
fire flow list lire rro:_cuon snJli be rro%Iaea toad premises upon wnlcn euca:n_s
of pornom of bulidmcs are h_-caner corntroctcd. Nlien any portion et the
bmlJim:pm•,ecteJ is In cue%%of I feet from a%Jter supply on a putmi:%:reel.
mere%hill be pro%wcd.when tnc anal.onsite nn n%J!ants ani
mans ca,Jr;c of suppnJnc the required Cita 11ow.
%%atct suppi%mJ%consist ul resenofrs.pressure tanks,elc%atcd ur,As.w.1:;t
maim or otnct hied s%stcm cap aril.-of%up p l�mc tnc required lir;;low In%a::c_
the rcquimments!,if fire flaw,tic ehICI mJ)rc Euldea bj the starJarJ per IsncJ
al
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10 331-10 303 utfironu FIFIE COLE n
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I•% thr In,uuo,c \rni,r,rtllicc. "Guide h,r Docrmm.own of kcuutred Fuc
the I.\anon numth:r.end t%rc of fire h%dunt%connected to a-.oer sup;I% m
aNMa•.,t Jih%i earl the rrqulfcd lite Ilo%%%hull b:pros n1:don th•punhc slicer M
or im me site of tnc rrenu,e,tob:proreeted a%reuutred and arrro%ed h%the emet N
AL h%Junt%Mull he u,ce%%iHc to the tiro department irpiritu,M roadwa%% 0
m:cure the requ0:m:nl%of Semon Itt_137. T
Edi Timinc of In%tallatuin.'Alien fire protection facilnre%arc to Fc tmuiled by T
rrc dc%r:o ter.%sigh lace ttc%mcluJinc all%unace access road%%hull he m%tallcd
anJ made wr%ice able prior to and Junnc the amt of con%in;ction %%hen altemite n
m.tnaV%et prncction.a%appm%ed M•the chttf.arc rfovJed.tht aM%c ma%be m
moJincJ yr%.ai%ed
ict \pprn%al and Tr%lin_.All fire alarm%%%tcm%.firt h%drant%%%lcm%.fire.
a•uv:unr,m:%„tiro%nn:iudme automatic%rnnAlrnf %ct and Jn %tandr!pc%.
t a,emcnl mice r:+. . and r thrr lit:protection%%%tem%and Rrunenn tncrcio
.._.;m:ct:r:..-^•mal+•t the tiro d:p•tnm:m a%to Imtallauon and!ocanon and
,,a:, tk %ur rct u+ %�ch Nfiodic fesf% a% reautred h% the cr.rcf Ilan% anJ
:Yion%%h.i!l b.:%u^milted to the le:dcrartm W for re%icu and irrro,al
rrwr to%rnora,t.m
Mainlenante
Act.10.10:.tat Gencral.A:I spnnk!:r%%%ten%.Iir:ncJran:,%%t:ma.st.n.b
%cnn,%%:em% !n: a:i.n%%%lcn%, Nirl.iblc lac ti%ttncui,rwr%. ,nil c acJ r;al
a!or,. %rtn+Ac rcmo%al %%%tem%.nd omcr lac rro!ccti%c rr e111r.•u, mm:
1%,lcm%rir]rrltun<c%%nali h ma.mimed in in ORrail%e eor Jtllon at all wnc,
an.J,ha:ihrc^:acciorrcraued%hercaeit:tl%e hire-proteelnecreuirtunninr
I %%%rem%cescra:e.Marin:and%R't0i;ahons,nail he mainiainca in a;cord.ncc
�•.n rc:c:•mr:d%unaarJ%at ail umct bucn s%stcm%%hall h e%•;nal U.a:n•rcJ car
rccc%,an to mitnuin and conunut rroiecuon Ancre%cr a,)%
eaa,rrVd i%ahered.remrxlr:ed or aJJ:0 to. All
,.:;ran.•r.%a^.J%cr%t:mc,nill t in a:cafean:c%on f:co•:nrteJ%lanJj A;%
i 1 M 1'1111\ 1%%irm,na reuunra h% ten or in,u:ncr ,%C nacJ ort t,
i
4 rare ea i:crew Mit uuemented
Sala a.:J.I,Nm.„v J:%1 stream.antilrccic and aalcf Circe%ttn ulMin of the
in%cntn:t%Ns%nau n,+t tt recnatecd or placed to smite for lire protection u%e.
?t"%Icm%in IIr_h•nv Ilufldines.The buildme o%nef snarl K rc,ron%ible
for a%,una:[nit v.:fit:and fife lately sv%tems required hr Sections loll:and
l4•r7 to:L niwi-m rlui.Jine Cole%hall h mainglncd In in oRNDIc conJinon
at ail wn.,% Ln:e%s atncMru r:qurrcd b, the cnici,quattcil, t:%I%01 %u:h
%%•tcrt%snuli K conJu%wci M qualified p<rsons appro%cd b%the thiel A-nOcn
tccerd Mai{h mamtamcd and b:made a,adabie to the inspection aulnonl)
Vapor Liquid and Liquefied Gas Extinguishers
S".IU.kll.1a Prohibilcdl)pts.Vioonnn:hquid:%nn:unner.cnnlamr,c
cora„n t:era:n:cn::of cnlorobromomnnanc sh,ll not h in+Wl:J or u%cJ in an%
lo:auto bac L.e; .cellon use.
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